Introduced Version






SENATE BILL No. 263

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 16-20-1-25.5; IC 16-22-8-31.

Synopsis: Local enforcement of open burning restrictions. Establishes a procedure under which a complaint may be filed with a local health officer alleging that a person is conducting illegal open burning that results in a health hazard. Requires the local health department to conduct a hearing and authorizes the department to order that the burning cease.

Effective: July 1, 2005.





Alting




    January 6, 2005, read first time and referred to Committee on Energy and Environmental Affairs.







Introduced

First Regular Session 114th General Assembly (2005)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2004 Regular Session of the General Assembly.

SENATE BILL No. 263



    A BILL FOR AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 16-20-1-25.5; (05)IN0263.1.1. -->     SECTION 1. IC 16-20-1-25.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 25.5. (a) A person may file a complaint with a local health officer alleging that:
        (1) a person in the jurisdiction served by the health officer is in violation of IC 13-17-9; and
        (2) the violation results in a health hazard to:
            (A) the person who files the complaint or a member of the person's household; or
            (B) an employee of the person who files the complaint.
    (b) Upon receipt of a complaint under subsection (a), the local health officer shall schedule a hearing on the complaint by the local health department.
    (c) The local health department shall:
        (1) give written notice of the hearing scheduled under subsection (b) to:
            (A) the person that files the complaint; and
            (B) the person against whom the complaint is filed;
        (2) hold the hearing, providing an opportunity for each person referred to in subdivision (1) to be heard and present evidence;
        (3) determine the merits of the complaint;
        (4) give written notice of the determination under subdivision (3) to each person referred to in subdivision (1); and
        (5) if the local health department determines that:
            (A) the person against whom the complaint is filed is in violation of IC 13-17-9; and
            (B) the violation results in a health hazard to a person described in subsection (a)(2);
        issue to the person against whom the complaint is filed a written order to cease the actions that are in violation of IC 13-17-9.
    (d) An order issued under subsection (c)(5) is subject to appeal in the circuit or superior court.
    (e) The local health officer or local board of health may enforce an order issued under subsection (c)(5) under section 26 of this chapter.

SOURCE: IC 16-22-8-31; (05)IN0263.1.2. -->     SECTION 2. IC 16-22-8-31 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 31. The director of the division of public health has the powers, functions, and duties of and is subject to the laws relating to a local health officer, including IC 16-20-1-25.5. The director shall perform other duties prescribed by the board or authorized by a town or city within the county. Valid orders of the director of the division of public health may be enforced in a court with jurisdiction by injunction. A change of venue from the county may not be had for orders issued under this section.